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Assaulting a Police Officer

Assaulting a Police Officer

If you are being investigated for, or charged with, assaulting a Police Officer you should seek specialist help from solicitors without delay.

Assault on a Constable in the execution of his/her duty Contrary to Section 89(1) of the Police Act 1996.

The offence is committed when a person assaults either a constable acting in the execution of his or her duty; or a person assisting a constable in the execution of his or her duty.

A person should be prosecuted under Section 89(1) of the Act if the assault on a constable resulted in an injury as outlined in the legislation for Common Assault, providing the officer was acting in the execution of his/her duty.

How Can You Defend An Assaulting a Police Officer Allegation?

If you are charged with assault PC, you will need a team of solicitors to review whether the allegation amounts to assaulting a constable in the execution of their duty. The prosecution will have to show an assault, injury and that the Police Officer was acting in the execution of their duty. If the Police Officers actions were not lawful, if they had no right to arrest you then they may not be acting in the course of their duty. It is important to ensure that the allegation is that injury was caused and that the officer was acting in the execution of their duty.

We will take full instructions from you and advise you whether you should plead guilty or not guilty.

What if there is insufficient evidence that the officer was acting in the execution of his/her duty?

Even if there is evidence of an assault, but there is not sufficient evidence that the officer was acting in the execution of his/her duty, then the most appropriate charge would be Common Assault and then you may be able to argue self-defence. If the Prosecution insist on pursuing the charge of Assaulting a Police Officer then it may be appropriate to plead not guilty.

What sentencing powers do the courts have for this offence?

This offence is summary only, which means that it can be heard in the magistrates’ court.

The sentencing powers of the magistrates’ court are limited, so the maximum penalty is six months’ imprisonment and/or a fine not exceeding the statutory maximum. Whether the court send you to prison will depend on a number of factors such as the seriousness of the injury, your previous record and the circumstances surrounding the incident.

Assault on a Prison Officer

Assault on a Prison Officer Contrary to Section 8 of the Prison Act 1952

What sentencing powers do the courts have for this offence?

This offence is summary only, which means that it can be heard in the magistrates’ court.

The sentencing powers of the magistrates’ court are limited, so the maximum penalty is six months’ imprisonment and/or a fine not exceeding the statutory maximum.

Assault on an Immigration Officer

Assault on an Immigration Officer Contrary to Section 22 of the UK Borders Act 2007

Is this offence treated in a similar way to assaults on people working in other sectors?

Yes. Police officers and prosecutors are advised to make decisions for Section 22 offences in the same way as they would for offences of assaulting a police officer.

Note: The exception to the above is that Section 22 does not require the immigration officer to be assaulted “in the execution of his duty” as with the corresponding police officer offence.

What sentencing powers do the courts have for this offence?

This offence is summary only, which means that it can be heard in the magistrates’ court.

It carries a maximum sentence of six months’ imprisonment.

Assault on a Public Servant or Emergency Worker

There is no separate offence for assault on a public servant or emergency worker.

It should be noted that, although separate legislation is not in place, assaults on public servants and emergency workers are taken very seriously by the judicial system.

Paragraph 4.12c of the Code for Crown Prosecutors states:-

“… A prosecution is also more likely if the offence has been committed against a victim who was at the time a person serving the public”.

Similarly, the Sentencing Council’s guidelines on Assault state that where an assault is committed against a person working in the public sector, or providing a service to the public, this is deemed an aggravating factor.

What sentencing powers do the courts have for this offence?

As there is no separate offence, sentencing would depend on which offence a person was charged with – for example, Common Assault or GBH.

How Can Forrest Williams Help?

Our team work on a private, fixed fee basis for clients who feel their cases are too important for Legal Aid.

We are the only proactive firm in the country who focus on the earliest stages of investigations to minimise the chances of a full prosecution being sought.

As a client, you will have a focused case worker for your matter, specialist representation at hearings by our barristers and support and guidance every step of the way.

With Forrest Williams on your side, you’re in control. You can depend on us.

We know you will want to discuss this with our assault PC solicitors. Call us on 01623 397200 for a free and honest assessment of your chances of success.